The Texas A&M University System Board of Regents passed a resolution banning all drag performances on its 11 university campuses.
The resolution states that the Board of Regents finds that “it is inconsistent” with the university’s core values, including respect for others, to allow special event venues on the university’s campuses to host drag shows “that involve biological males dressing in women’s clothing, wearing exaggerated female make up and/or exaggerated prosthetics meant to parody the female body type, and that are: open to the public; involve sexualized, vulgar or lewd conduct; and involve conduct that demeans women.”
The resolution claims that drag shows are likely to “create or contribute to a hostile environment for women” in violation of Title IX’s prohibitions on sex-based discrimination and involve “the mockery or objectification of women.”
The resolution cites President Donald Trump’s executive order recognizing only two sexes, based on biology, which prohibits federal funds from being used to “promote gender ideology,” and a directive from Texas Gov. Greg Abbott ordering state agencies to comply with Trump’s order.
It also asserts that allowing drag shows to take place on university campuses violates that order.
The resolution, adopted unanimously by the board, will likely spark a First Amendment fight over whether the ban on drag shows infringes on students’ free speech and freedom of expression.
Historically, Texas A&M University at Corpus Christi and East Texas A&M University have hosted drag shows, with the university’s main College Station campus hosting “Draggieland,” an award-winning drag event that has been held annually.
By passing the resolution, this year’s Draggieland event, initially scheduled for March 27 at the Rudder Theatre in College Station, is now imperiled.
The Queer Empowerment Council, a pro-LGBTQ coalition of student-run organizations, which hosts Draggieland, said it was “profoundly disheartened” by the decision.
The council also said it was committed to moving forward with the show and is looking into holding it at a different venue, reports the Texas Tribune.
The Foundation for Individual Rights and Expression (FIRE), which is representing the Queer Empowerment Council, has filed a lawsuit challenging the drag ban.
In the lawsuit, the Queer Empowerment Council claims that the university system violated students’ First Amendment right to free speech and freedom of expression.
The council also contends that the university engaged in viewpoint discrimination against those who do not find drag offensive or demeaning to women because they hold political beliefs that don’t conform to those preferred by members of the Board of Regents.
“Public universities can’t shut down student expression simply because the administration doesn’t like the ‘ideology’ or finds the expression ‘demeaning,'” Adam Steinbaugh, an attorney with FIRE, said in a statement. “That’s true not only of drag performances, but also religion, COVID, race, politics, and countless other topics where campus officials are too often eager to silence dissent.”
The lawsuit claims that the university’s Board of Regents violated the Texas Open Meetings Act by failing to post an agenda notifying the public of their meeting and the resolution 72 hours in advance as required by state law.
The group claims that when the agenda for the meeting was posted, the board failed to identify “an emergency or urgent public necessity justifying the need for the inadequate notice.”
Students who had been organizing Draggieland vowed to continue fighting against the ban.
“We refuse to let Texas A&M dictate which voices belong on campus,” the Queer Empowerment Council said in a statement. “Drag is self-expression, drag is discovery, drag is empowerment, and no amount of censorship will silence us.”
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